Latriece Necole Embry v. Safelite Fulfillment, LLC

Summary

The United States Magistrate Judge recommends dismissing Plaintiff Latrieсe Necole Embry’s complaint without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation is based on Plaintiff’s failure to pay the filing and administrative fees, submit a compliant in forma pauperis application, or otherwise comply with the Court’s order and prosecute the action.

Holdings

1. The magistrate judge recommended that the complaint be dismissed without prejudice because Plaintiff failed to comply with the court's order to pay the required fees or file a proper amended in forma pauperis application and failed to prosecute the action.
2. The action could not proceed because Plaintiff neither paid the required filing and administrative fees nor obtained permission to proceed in forma pauperis.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the court's order.
2. Whether Plaintiff's failure to pay the required filing and administrative fees or submit a sufficient in forma pauperis application warranted dismissal.

Disposition

other